Case 1:17-cv-02006-ELH Document Filed 07/18/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT MARYLAND
BALTIMORE DIVISION
__________________________________________
JUDICIAL WATCH, INC.,
425 Third Street, SW, Suite 800
Washington, D.C. 20024
Plaintiff,
LINDA LAMONE, her official
capacity State Administrator Elections,
Maryland State Board Elections,
151 West Street, Suite 200
Annapolis, Maryland 21401
Anne Arundel County,
DAVID MCMANUS, JR., his
official capacity Chairman the
Maryland State Board Elections,
151 West Street, Suite 200
Annapolis, Maryland 21401
Anne Arundel County,
PATRICK HOGAN, his official
capacity Vice-Chairman the
Maryland State Board Elections,
151 West Street, Suite 200
Annapolis, Maryland 21401
Anne Arundel County,
MICHAEL COGAN, his
official capacity Member the
Maryland State Board Elections,
151 West Street, Suite 200
Annapolis, Maryland 21401
Anne Arundel County,
(cont.)
Civil Action No.
Case 1:17-cv-02006-ELH Document Filed 07/18/17 Page
KELLEY HOWELLS, her
official capacity Member the
Maryland State Board Elections,
151 West Street, Suite 200
Annapolis, Maryland 21401
Anne Arundel County,
GLORIA LAWLAH, her official
capacity Member the
Maryland State Board Elections,
151 West Street, Suite 200
Annapolis, Maryland 21401
Anne Arundel County,
JARED DEMARINIS, his official
capacity Public Information Act officer,
Maryland State Board Elections,
151 West Street, Suite 200
Annapolis, Maryland 21401
Anne Arundel County,
JAMES SHALLECK, his official
capacity President the
Montgomery County Board Elections,
18753 North Frederick Avenue, Suite 210
Gaithersburg, Maryland 20879
Montgomery County,
NAHID KHOZEIMEH, his official
capacity Vice-President the
Montgomery County Board Elections,
18753 North Frederick Avenue, Suite 210
Gaithersburg, Maryland 20879
Montgomery County,
MARY ANN KEEFFE, her official
capacity Secretary the
Montgomery County Board Elections,
18753 North Frederick Avenue, Suite 210
Gaithersburg, Maryland 20879
Montgomery County,
(cont.)
Case 1:17-cv-02006-ELH Document Filed 07/18/17 Page
ALEXANDER VINCENT, his official
capacity Member the
Montgomery County Board Elections,
18753 North Frederick Avenue, Suite 210
Gaithersburg, Maryland 20879
Montgomery County,
DAVID NAIMON, his official capacity Member the
Montgomery County Board Elections,
18753 North Frederick Avenue, Suite 210
Gaithersburg, Maryland 20879
Montgomery County,
and
JACQUELINE PHILLIPS, her official
capacity Substitute Board Member the
Montgomery County Board Elections,
18753 North Frederick Avenue, Suite 210
Gaithersburg, Maryland 20879
Montgomery County,
Defendants.
__________________________________________)
COMPLAINT
Plaintiff Judicial Watch, Inc. Judicial Watch brings this action against Defendants the
State Administrator Elections for Maryland, the officers and members the Maryland State
Board Elections, Maryland Director the Division Candidacy and Campaign Finance,
and the officers and members the Montgomery County Board Elections, compel
compliance with Section 8(i) the National Voter Registration Act 1993 NVRA
U.S.C. 20507(i). Judicial Watch seeks injunctive and declaratory relief and attorneys fees,
litigation expenses, and costs. grounds therefor, Judicial Watch alleges follows:
Case 1:17-cv-02006-ELH Document Filed 07/18/17 Page
JURISDICTION AND VENUE
This action brought pursuant U.S.C. 20510(b) redress the deprivation,
under color state law, rights secured federal statute.
This Court has jurisdiction pursuant U.S.C. 1331. may issue
declaratory judgment and provide for further relief pursuant U.S.C. 2201 and 2202, and
may award reasonable attorneys fees, litigation expenses, and costs pursuant U.S.C.
20510(e).
Venue proper this Court pursuant U.S.C. 1391(b)(1) and (2).
Venue proper this Division pursuant Local Rule 501(4)(b)(ii), because
majority the Maryland parties reside this Division and the events described took place
this Division.
PARTIES
Plaintiff JUDICIAL WATCH not-for-profit, educational organization
incorporated under the laws the District Columbia and headquartered 425 Third Street
SW, Suite 800, Washington, D.C. 20024. Its mission promote transparency, integrity, and
accountability government and fidelity the rule law. part this mission, Judicial
Watch regularly requests records from state and local governments pursuant Section 8(i) the
NVRA, and state open-records laws; and from federal agencies pursuant the Freedom
Information Act. Judicial Watch analyzes all responses and disseminates both its findings and
the requested records the American public inform about what the government to.
Further, Judicial Watch analyzes state and local responses provided under NVRA Section 8(i)
determine whether such jurisdictions are properly maintaining accurate voter rolls required
Case 1:17-cv-02006-ELH Document Filed 07/18/17 Page
Section 8(a)(4) the NVRA, U.S.C. 20507(a)(4). believes state not complying
with the NVRA, Judicial Watch will sue enforce the statute.
Defendant LINDA LAMONE the State Administrator Elections for
Maryland. such, she has been designated state law the chief State election official
responsible for coordination State responsibilities under the NVRA. U.S.C. 20509; MD.
CODE ANN., ELEC. LAW 2-103(b)(8).
Defendant DAVID MCMANUS, JR. the Chairman, Defendant PATRICK
HOGAN the Vice-Chairman, and Defendants MICHAEL COGAN, KELLEY
HOWELLS, and GLORIA LAWLAH are Members, the Maryland State Board Elections.
Maryland law provides that this Board Elections shall manage and supervise elections the
State and ensure compliance with the requirements [state law] and any applicable federal law all persons involved the elections process and shall, among other things, adopt
regulations implement its powers and duties, and appoint the State Administrator
Elections. MD. CODE ANN., ELEC. LAW 2-102(a), (b)(4), and (b)(6).
Defendant JARED DEMARINIS the Public Information Act officer, and the
Director the Division Candidacy and Campaign Finance, for the Maryland State Board
Elections.
Defendant JAMES SHALLECK the President, Defendant NAHID
KHOZEIMEH the Vice-President, Defendant MARY ANN KEEFFE the Secretary,
Defendants ALEXANDER VINCENT and DAVID NAIMON are Members, and Defendant
JACQUELINE PHILLIPS Substitute Member, the Montgomery County Board
Elections. Maryland law provides that such county board subject the direction and
authority the State Board and accountable the State Board for its actions all matters
Case 1:17-cv-02006-ELH Document Filed 07/18/17 Page
regarding the implementation the requirements this article and any applicable federal law
(MD. CODE ANN., ELEC. LAW 2-201(a)(2)); and further provides that such county board,
accordance with the provisions this article and regulations adopted the State Board, shall,
among other things, adopt any regulation considers necessary perform its duties under this
article, which regulation shall become effective when filed with and approved the State
Board. MD. CODE ANN., ELEC. LAW 2-202(b), (b)(1) and (b)(4).
10.
All Defendants are sued their official capacities only.
FACTS
11. April 11, 2017, Plaintiff Judicial Watch sent email the address for the
officers and members the Maryland State Board Elections and Maryland State
Administrator, and the address for the officers and members the Montgomery County
Board Elections. That email contained letter David McManus, Jr., Chairman the
Maryland State Board Elections, dated April 11, 2017 (the Notice Letter, Exhibit A),
setting forth various violations the NVRA. This letter was also sent certified mail the
Maryland State Board Elections and the Montgomery County Board Elections.
12.
The Notice Letter observed that there were more registered voters Montgomery
County than there were citizens over the age 18, resulting registration rate for the county greater than 100%. The Notice Letter concluded from this that Maryland and Montgomery
County were not complying with their obligations under the NVRA remove ineligible
registrations from the voter rolls.
13.
The Notice Letter stated that This letter serves statutory notice that Judicial
Watch will bring lawsuit against your office you not take specific actions correct these
violations Section within days.
Case 1:17-cv-02006-ELH Document Filed 07/18/17 Page
14.
The Notice Letter asked for written response within days informing
the compliance steps you are taking, and described detail the kinds compliance-related
information that was being sought.
15.
Citing Section 8(i) the NVRA, the Notice Letter also asked for all pertinent
records concerning the implementation programs and activities conducted for the purpose
ensuring the accuracy and currency Maryland official eligible voter lists during the past
years. Please include these records with your response this letter.
16.
Among other things, the Notice Letter particularly requested the following:
Copies the most recent voter registration database from Montgomery County, Maryland,
including fields indicating name, date birth, home address, most recent voter activity, and
active inactive status.
17.
The Notice Letter added, you not produce these records within days, you fail otherwise advise that you are making them available specified times and
locations, you will deemed violation the NVRA and subject litigation.
18. May 26, 2017, Judicial Watch received email from Nikki Charlson the
Maryland State Board Elections. Ms. Charlson is, information and belief, Maryland
Deputy State Administrator Elections. That email stated: The Maryland State Board
Elections received your letter alleging the failure the Montgomery County Board Elections perform list maintenance activities required the National Voter Registration Act. are
the final stages our response and will submit and the requested documents next week.
19. June 2017, Judicial Watch received letter from Linda Lamone,
Maryland State Administrator Elections. That letter began: The State Board Elections
received your letter dated April 11, 2017, which you call into question the legality the
Case 1:17-cv-02006-ELH Document Filed 07/18/17 Page
measures that the State Board and the Montgomery County Board Elections implement
ensure the accuracy the list registered voters Montgomery County. That letter went contend length that Maryland voter list maintenance program complies with the NVRA.
20.
Ms. Lamone June 2017, letter also stated: Your [Judicial Watch letter also
included request that provide all pertinent records concerning the implementation
programs and activities conducted for the purpose ensuring the accuracy and currency
Marylands official eligible voter lists during the past years. This office compiling
responsive documents and will provide them shortly.
21. July 2017, Jared DeMarinis, the Public Information Act officer for the
Maryland State Board Elections, emailed Judicial Watch (Exhibit B), stating that [t]he
documents that you requested from your April 11, 2017 letter are ready for review, and asking
how they should transmitted.
22. that same July 2017, email, Mr. DeMarinis stated: Additionally, the request
for the Montgomery County voter registration list was not made accordance with Election
Law Article 3-506. Therefore, will not processed.
23.
The Maryland statute cited Mr. DeMarinis states, relevant part:
(a)(1) copy list registered voters shall provided
Maryland registered voter receipt of:
(i) written application; and
(ii) statement, signed under oath, that the list not
intended used for: commercial solicitation; any other purpose not related the electoral
process.
(2) consultation with the local boards, the State Board shall adopt
regulations that specify:
(i) the time for list provided under this subsection;
(ii) the authorization required for providing list;
(iii) the fee paid for providing list;
(iv) the information included list;
Case 1:17-cv-02006-ELH Document Filed 07/18/17 Page
(v) the format the information; and
(vi) the medium media which the information
provided.
MD. CODE ANN., ELEC. LAW 3-506(a) (emphasis added).
24. July 11, 2017, Robert Popper, counsel for Judicial Watch, spoke Mr.
DeMarinis telephone. Mr. Popper observed that Judicial Watch, not-for-profit organized
under D.C. law, was not, and never could be, Maryland registered voter required 3506(a), and that the practical effect that requirement was that Judicial Watch would never
able obtain the requested voter list. Mr. DeMarinis confirmed that this was his understanding well. added that had been told this the Maryland State Attorney General office.
COUNT
(Violation Section 8(i) the NVRA, U.S.C. 20507(i))
25.
Judicial Watch repeats and realleges the preceding paragraphs fully set forth
26.
The requested records are the possession, custody, and control Defendants.
27.
Section 8(i) the NVRA provides relevant part that [e]ach State shall
herein.
maintain for least years and shall make available for public inspection and, where available,
photocopying reasonable cost, all records concerning the implementation programs and
activities conducted for the purpose ensuring the accuracy and currency official lists
eligible voters.
28.
The voter registration list requested Judicial Watch record covered
Section 8(i) the NVRA.
Case 1:17-cv-02006-ELH Document Filed 07/18/17 Page
29.
Section 8(i) the NVRA contains requirement that only individual person registered voter may request the documents that the statute describes. Accordingly, Section
8(i) authorizes and entitles Judicial Watch inspect and copy the requested voter list.
30.
MD. CODE ANN., ELEC. LAW 3-506(a) requires that person requesting list
registered voters Maryland must Maryland registered voter. This Maryland statute thus
makes impossible for Judicial Watch, Washington, D.C. non-profit, inspect and copy the
voter list that otherwise entitled inspect and copy under Section 8(i) the NVRA.
31. denying Judicial Watch the ability obtain documents otherwise could
obtain under Section 8(i) the NVRA, MD. CODE ANN., ELEC. LAW 3-506(a) conflicts with
federal law.
32.
MD. CODE ANN., ELEC. LAW 3-506(a) also conflicts with Section 8(i) the
NVRA requiring written application acquire voter list; requiring statement under oath about the intended use the voter list, including
that will not used for any purpose not related the electoral process; permitting the State Board Elections regulate the authorization required for
providing voter list; permitting the State Board Elections establish fee for providing list
(rather than merely reasonable fee for copying list); and permitting the State Board Elections specify the information provided
with voter list.
33.
Any Maryland state statute, regulation, practice policy that conflicts with,
overrides, burdens the NVRA, federal statute, preempted and superseded it.
Case 1:17-cv-02006-ELH Document Filed 07/18/17 Page
34. the extent that withdraws rights conferred Judicial Watch the NVRA otherwise conflicts with the NVRA, MD. CODE ANN., ELEC. LAW 3-506(a) invalid and
unenforceable.
35.
Defendants refusal provide the requested voter list violates Section 8(i) the
NVRA.
36.
Judicial Watch person aggrieved violation the NVRA, set forth U.S.C. 20510(b)(1).
37.
The Notice Letter constitutes statutory notice violation the NVRA pursuant U.S.C. 20510(b)(1).
PRAYER FOR RELIEF
Wherefore, Plaintiff Judicial Watch respectfully prays that this Court enter judgment
its favor and
Declare that Defendants are violation Section 8(i) the NVRA refusing allow Judicial Watch inspect and copy the requested voter registration list;
Declare that Section 8(i) the NVRA preempts and supersedes any requirement MD. CODE ANN., ELEC. LAW 3-506(a) and any other Maryland statute, regulation, practice
policy that bars Judicial Watch from inspecting and copying the requested voter list;
Order Defendants allow Judicial Watch inspect and copy the Montgomery
County voter registration list;
Permanently enjoin Defendants from refusing permit Judicial Watch inspect
and copy voter registration lists the kind sought Judicial Watch this matter;
Order Defendants pay Judicial Watch reasonable attorney fees, including
litigation expenses and costs, pursuant U.S.C. 20510(e); and
Case 1:17-cv-02006-ELH Document Filed 07/18/17 Page
Award Judicial Watch such other and further relief this Court deems just and
proper.
Dated:
July 18, 2017.
Respectfully submitted,
_________/s/__________________
Robert Popper, MDD No. 12607
Paul Orfanedes, MDD No. 22470
Ramona Cotca, MDD No. 17196
JUDICIAL WATCH, INC.
425 Third Street SW, Ste. 800
Washington, 20024
Tel: (202) 646-5172
Fax: (202) 646-5185
rpopper@judicialwatch.org
porfanedes@judicialwatch.org
rcotca@judicialwatch.org